Council frustration

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Bram
Posts: 1
Joined: Mon Oct 28, 2019 11:40 am

Council frustration

Post by Bram » Tue Oct 29, 2019 1:34 pm

I have four, sixty foot council owned ash trees bordering my property. The root systems have caused damage to front side and rear paving to my house. After a lengthy battle the council have agreed liability that the damage has been caused by their tree roots.
I had a structural survey done and in summary the surveyor recommended all four trees should be removed. The council disagree with this stating it is not their policy to remove any healthy growing trees.
Their recommendation is that they will sever the tree roots along the border of my property And compensate for repair works.
I have complaint through the council system to level three which ended in them still refusing to remove the trees.
Do I have no option but to accept that the trees will not be removed or is there other options open to me?

despair
Posts: 16391
Joined: Mon Mar 14, 2005 7:07 am

Re: Council frustration

Post by despair » Tue Oct 29, 2019 2:25 pm

Just severing the roots alone will hardly be enough unless they install a substantial root barrier ......how you force the issue others might know better

I know of a similar case where a conservatory suffered subsidence and the council refused to remove the tree

Ash trees and sycamore trees are a scourge for one reason another and Eucayptus are too

mr sheen
Posts: 2473
Joined: Fri Feb 27, 2009 2:33 pm

Re: Council frustration

Post by mr sheen » Tue Oct 29, 2019 5:10 pm

In view of the 'climate emergency' political pressure and the immediate need for trees, the destruction of healthy mature trees is a big 'no no' and councils will be under serious pressure not to destroy such trees.

If they remove the roots from your land they will have fulfilled their obligation....you have the right to remove encroaching roots on your land so they have agreed to do this for you. Only a court order could force the removal of the trees. The Council will defend any such action vigorously to protect the trees and you are likely to lose and have to pay all costs if they have abated the nuisance by removing the roots from your property.

Morgan Sweet
Posts: 278
Joined: Sat Jan 03, 2015 7:47 pm

Re: Council frustration

Post by Morgan Sweet » Wed Oct 30, 2019 9:54 am

Trees close to structures should now be planted in an approved planting pit to prevent root encroachment. I would try and negotiate with the council or their tree officer for them to place a concrete barrier that may prevent further root encroachment damage. Ash die back however, may eventually come into consideration.

arborlad
Posts: 8398
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Council frustration

Post by arborlad » Wed Oct 30, 2019 12:16 pm

Morgan Sweet wrote:
Wed Oct 30, 2019 9:54 am
Trees close to structures should now be planted in an approved planting pit to prevent root encroachment. I would try and negotiate with the council or their tree officer for them to place a concrete barrier that may prevent further root encroachment damage. Ash die back however, may eventually come into consideration.


With the vast majority of Ash trees being self-sets, I doubt planting pits are in Mother Nature's Grand Design...................
arborlad

smile...it confuses people

Morgan Sweet
Posts: 278
Joined: Sat Jan 03, 2015 7:47 pm

Re: Council frustration

Post by Morgan Sweet » Wed Oct 30, 2019 3:47 pm

arborlad wrote:
Wed Oct 30, 2019 12:16 pm
Morgan Sweet wrote:
Wed Oct 30, 2019 9:54 am
Trees close to structures should now be planted in an approved planting pit to prevent root encroachment. I would try and negotiate with the council or their tree officer for them to place a concrete barrier that may prevent further root encroachment damage. Ash die back however, may eventually come into consideration.


With the vast majority of Ash trees being self-sets, I doubt planting pits are in Mother Nature's Grand Design...................
That being so, it does not prevent you from negotiating with the council that the roots should be contained to prevent further expense to the tax payer.

SJC14
Posts: 75
Joined: Wed Nov 01, 2017 2:23 pm

Re: Council frustration

Post by SJC14 » Wed Oct 30, 2019 4:21 pm

Morgan Sweet wrote:
Wed Oct 30, 2019 3:47 pm
arborlad wrote:
Wed Oct 30, 2019 12:16 pm
Morgan Sweet wrote:
Wed Oct 30, 2019 9:54 am
Trees close to structures should now be planted in an approved planting pit to prevent root encroachment. I would try and negotiate with the council or their tree officer for them to place a concrete barrier that may prevent further root encroachment damage. Ash die back however, may eventually come into consideration.


With the vast majority of Ash trees being self-sets, I doubt planting pits are in Mother Nature's Grand Design...................
That being so, it does not prevent you from negotiating with the council that the roots should be contained to prevent further expense to the tax payer.
A lot of people get a bee in their bonnet over trees if they do not own them. They tend to go way overboard and obsess about that tree. It is rather tragic.

Morgan Sweet
Posts: 278
Joined: Sat Jan 03, 2015 7:47 pm

Re: Council frustration

Post by Morgan Sweet » Wed Oct 30, 2019 4:39 pm

SJC14 wrote:
Wed Oct 30, 2019 4:21 pm
Morgan Sweet wrote:
Wed Oct 30, 2019 3:47 pm
arborlad wrote:
Wed Oct 30, 2019 12:16 pm




With the vast majority of Ash trees being self-sets, I doubt planting pits are in Mother Nature's Grand Design...................
That being so, it does not prevent you from negotiating with the council that the roots should be contained to prevent further expense to the tax payer.
A lot of people get a bee in their bonnet over trees if they do not own them. They tend to go way overboard and obsess about that tree. It is rather tragic.
I wonder if you will feel the same if your property was to be devalued and damaged by a tree belonging to someone else?

SJC14
Posts: 75
Joined: Wed Nov 01, 2017 2:23 pm

Re: Council frustration

Post by SJC14 » Thu Oct 31, 2019 10:35 am

Morgan Sweet wrote:
Wed Oct 30, 2019 4:39 pm
SJC14 wrote:
Wed Oct 30, 2019 4:21 pm
Morgan Sweet wrote:
Wed Oct 30, 2019 3:47 pm


That being so, it does not prevent you from negotiating with the council that the roots should be contained to prevent further expense to the tax payer.
A lot of people get a bee in their bonnet over trees if they do not own them. They tend to go way overboard and obsess about that tree. It is rather tragic.
I wonder if you will feel the same if your property was to be devalued and damaged by a tree belonging to someone else?
There are ways of dealing with things that do not border on obsessive. Cutting tree roots can cause more damage than good. I appreciate the wrong trees in the wrong location but some people go way over board and it consumes them, quite wrongly. The press often covers this.

FilthWizzard
Posts: 48
Joined: Wed Aug 15, 2018 2:00 pm

Re: Council frustration

Post by FilthWizzard » Fri Nov 01, 2019 2:20 pm

There may be other ways to deal with things, but often it is a struggle to get anyone to take any practical route to deal with anything much. When you have a problem, and you are focused on solving that problem out of necessity, and people block you at every turn, you have the choice to give up and let your house get pulled apart or you double down. You may think that a trifling matter and not worth pressing, but not everyone has the financial backup to allow for such a laid back approach. Just remember not everyone is in the fortunate position to allow such issues to wash over them.

You better believe I would be pretty obsessive about protecting my house from structural erosion as well. I would certainly not be in a position to take the laid back approach you appear to advocate.

cleo5
Posts: 341
Joined: Mon May 18, 2015 12:33 pm

Re: Council frustration

Post by cleo5 » Fri Nov 01, 2019 7:12 pm

Bram,
Ash trees can grow to a great height and spread with very long and widespreading roots.
As a tree lover I planted over 100 ash trees some forty years ago to my now great regret.

Tree roots damage drains and foundations of buildings

Firstly, take up the council's offer to cut back the tree roots that are damaging your property and get all remedial work done at the council,s expense.

Then negotiate to have the tree felled.
Write to the council chairman with a copy of thhe surveyors report and explain the dangers still posed by these trees and the consequent escalating costs to the council should further damage to your property occur.

Then at your own expense trim back all branches that overhang your garden .
The wood burns well wet or dry!
Any encroaching roots should be reported to the council immediately.
Don't give up.

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